HF 848

as introduced - 88th Legislature (2013 - 2014) Posted on 02/25/2013 02:57pm

A bill for an act
relating to adoption; modifying provisions governing access to original
birth records and other adoption-related information; amending Minnesota
Statutes 2012, sections 13.10, subdivision 5; 13.465, subdivision 8; 144.218,
subdivision 1; 144.225, subdivision 2; 144.2252; 144.226, subdivision 1; 259.83,
subdivisions 1, 1a, 1b, 4; 260C.317, subdivision 4; proposing coding for new law
in Minnesota Statutes, chapter 144; repealing Minnesota Statutes 2012, sections
144.212, subdivision 11; 259.83, subdivision 3; 259.89, subdivisions 1, 2, 3, 4, 5.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2012, section 13.10, subdivision 5, is amended to read:

Subd. 5.

Adoption records.

Notwithstanding any provision of this chapter,
adoption records shall be treated as provided in sections 144.2253, 259.53, 259.61,
259.79, and 259.83 to 259.89.

Sec. 2.

Minnesota Statutes 2012, section 13.465, subdivision 8, is amended to read:

Subd. 8.

Adoption records.

Various adoption records are classified under section
259.53, subdivision 1. Access to the original birth record of a person who has been
adopted is governed by section 259.89 144.2253.

Sec. 3.

Minnesota Statutes 2012, section 144.218, subdivision 1, is amended to read:

Subdivision 1.

Adoption.

(a) Upon receipt of a certified copy of an order, decree, or
certificate of adoption, the state registrar shall register a replacement vital record in the
new name of the adopted person. Except as provided in paragraph (b), the original record
of birth is confidential pursuant to section 13.02, subdivision 3, and shall not be disclosed
except pursuant to court order or section 144.2252 or 144.2253.

(b) The information contained on the original birth record, except for the registration
number, shall be provided on request to: (1) a parent who is named on the original birth
record; (2) the adopted person who is the subject of the record if the person is at least
18 years of age; or (3) a person related to the adopted person, if the adopted person is
deceased. Upon the receipt of a certified copy of a court order of annulment of adoption
the state registrar shall restore the original vital record to its original place in the file.

(c) For purposes of this subdivision, "a person related to the adopted person" includes:

(1) the surviving spouse of the adopted person;

(2) a lineal descendant of the adopted person;

(3) the adoptive parent of the adopted person; or

(4) a brother, brother-in-law, sister, or sister-in-law of the adopted person.

Sec. 4.

Minnesota Statutes 2012, section 144.225, subdivision 2, is amended to read:

Subd. 2.

Data about births.

(a) Except as otherwise provided in this subdivision,
data pertaining to the birth of a child to a woman who was not married to the child's father
when the child was conceived nor when the child was born, including the original record of
birth and the certified vital record, are confidential data. At the time of the birth of a child to
a woman who was not married to the child's father when the child was conceived nor when
the child was born, the mother may designate demographic data pertaining to the birth as
public. Notwithstanding the designation of the data as confidential, it may be disclosed:

(1) to a parent or guardian of the child;

(2) to the child when the child is 16 years of age or older;

(3) under paragraph (b) or (e); or

(4) pursuant to a court order. For purposes of this section, a subpoena does not
constitute a court order.

(b) Unless the child is adopted, data pertaining to the birth of a child that are not
accessible to the public become public data if 100 years have elapsed since the birth of
the child who is the subject of the data, or as provided under section 13.10, whichever
occurs first.

(c) If a child is adopted, data pertaining to the child's birth are governed by the
provisions relating to adoption records, including sections 13.10, subdivision 5; 144.218,
subdivision 1; 144.2252; 144.2253; and 259.89.

(d) The name and address of a mother under paragraph (a) and the child's date of
birth may be disclosed to the county social services or public health member of a family
services collaborative for purposes of providing services under section 124D.23.

(e) The commissioner of human services shall have access to birth records for:

(1) the purposes of administering medical assistance, general assistance medical
care, and the MinnesotaCare program;

(2) child support enforcement purposes; and

(3) other public health purposes as determined by the commissioner of health.

Sec. 5.

Minnesota Statutes 2012, section 144.2252, is amended to read:

144.2252 ACCESS TO ORIGINAL BIRTH RECORD AFTER ADOPTION.

(a) Whenever an adopted person requests the state registrar to disclose the
information on the adopted person's original birth record, the state registrar shall act
according to section 259.89 144.2253.

(b) The state registrar shall provide a transcript of an adopted person's original birth
record to an authorized representative of a federally recognized American Indian tribe
for the sole purpose of determining the adopted person's eligibility for enrollment or
membership. Information contained in the birth record may not be used to provide the
adopted person information about the person's birth parents, except as provided in this
section or section 259.83 144.2253.

Sec. 6.

[144.2253] ACCESS TO ORIGINAL BIRTH RECORDS OF ADOPTED
PERSONS; DUTIES.

(a) An adopted person who is aged 18 years and over, or a person related to the
adopted person if the adopted person is deceased, may request the state registrar to provide
the adopted person or a person related to the adopted person with a noncertified copy of
the adopted person's original birth record. Upon this request, the state registrar shall
provide the adopted person, or a person related to the adopted person if the adopted person
is deceased, with a noncertified copy of the adopted person's original birth record.

(b) An original birth record of an adopted person shall become a public record on the
100th anniversary of the adopted person's birth.

(c) For purposes of this section, "a person related to the adopted person" has the
meaning given in section 144.218, subdivision 1, paragraph (c).

Sec. 7.

Minnesota Statutes 2012, section 144.226, subdivision 1, is amended to read:

Subdivision 1.

Which services are for fee.

The fees for the following services shall
be the following or an amount prescribed by rule of the commissioner:

(a) The fee for the issuance of a certified vital record or a certification that the vital
record cannot be found is $9. No fee shall be charged for a certified birth, stillbirth, or
death record that is reissued within one year of the original issue, if an amendment is
made to the vital record and if the previously issued vital record is surrendered. The
fee is nonrefundable.

(b) The fee for processing a request for the replacement of a birth record for
all events, except when filing a recognition of parentage pursuant to section 257.73,
subdivision 1, is $40. The fee is payable at the time of application and is nonrefundable.

(c) The fee for processing a request for the filing of a delayed registration of
birth, stillbirth, or death is $40. The fee is payable at the time of application and is
nonrefundable. This fee includes one subsequent review of the request if the request
is not acceptable upon the initial receipt.

(d) The fee for processing a request for the amendment of any vital record when
requested more than 45 days after the filing of the vital record is $40. No fee shall be
charged for an amendment requested within 45 days after the filing of the vital record.
The fee is payable at the time of application and is nonrefundable. This fee includes one
subsequent review of the request if the request is not acceptable upon the initial receipt.

(e) The fee for processing a request for the verification of information from vital
records is $9 when the applicant furnishes the specific information to locate the vital record.
When the applicant does not furnish specific information, the fee is $20 per hour for staff
time expended. Specific information includes the correct date of the event and the correct
name of the registrant. Fees charged shall approximate the costs incurred in searching and
copying the vital records. The fee is payable at the time of application and is nonrefundable.

(f) The fee for processing a request for the issuance of a copy of any document on
file pertaining to a vital record or statement that a related document cannot be found is $9.
The fee is payable at the time of application and is nonrefundable.

(g) The commissioner shall charge a fee of $40 for noncertified copies of birth
records provided to persons authorized by section 144.218, subdivision 1, paragraph (b),
to access the information contained on the original birth record in order to cover the
cost of providing the birth record.

Sec. 8.

Minnesota Statutes 2012, section 259.83, subdivision 1, is amended to read:

Subdivision 1.

Services provided.

Agencies shall provide assistance and counseling
services upon receiving a request for current information from adoptive parents, birth
parents, or adopted persons aged 19 18 years and over. The agency shall contact the
other adult persons or the adoptive parents of a minor child in a personal and confidential
manner to determine whether there is a desire to receive or share information or to have
contact. If there is such a desire, the agency shall provide the services requested. The
agency shall provide services to adult genetic siblings if there is no known violation of the
confidentiality of a birth parent or if the birth parent gives written consent.

Sec. 9.

Minnesota Statutes 2012, section 259.83, subdivision 1a, is amended to read:

Subd. 1a.

Social and medical history.

(a) If a person aged 19 18 years and over
who was adopted on or after August 1, 1994, or the adoptive parent requests the detailed
nonidentifying social and medical history of the adopted person's birth family that was
provided at the time of the adoption, agencies must provide the information to the adopted
person or adoptive parent on the form required under section 259.43.

(b) If an adopted person aged 19 18 years and over or the adoptive parent requests
the agency to contact the adopted person's birth parents to request current nonidentifying
social and medical history of the adopted person's birth family, agencies must use the form
required under section 259.43 when obtaining the information for the adopted person
or adoptive parent.

Sec. 10.

Minnesota Statutes 2012, section 259.83, subdivision 1b, is amended to read:

Subd. 1b.

Genetic siblings.

(a) A person who is at least 19 18 years old who was
adopted or, because of a termination of parental rights, was committed to the guardianship
of the commissioner of human services, whether adopted or not, must upon request be
advised of other siblings who were adopted or who were committed to the guardianship
of the commissioner of human services and not adopted.

(b) Assistance must be provided by the county or placing agency of the person
requesting information to the extent that information is available in the existing records at
the Department of Human Services. If the sibling received services from another agency,
the agencies must share necessary information in order to locate the other siblings and to
offer services, as requested. Upon the determination that parental rights with respect to
another sibling were terminated, identifying information and contact must be provided only
upon mutual consent. A reasonable fee may be imposed by the county or placing agency.

Sec. 11.

Minnesota Statutes 2012, section 259.83, subdivision 4, is amended to read:

Subd. 4.

Confidentiality.

Agencies shall provide adoptive parents, birth parents
and adult siblings, and adopted persons aged 19 18 years and over reasonable assistance
in a manner consistent with state and federal laws, rules, and regulations regarding the
confidentiality and privacy of child welfare and adoption records.

Sec. 12.

Minnesota Statutes 2012, section 260C.317, subdivision 4, is amended to read:

Subd. 4.

Rights of terminated parent.

(a) Upon entry of an order terminating the
parental rights of any person who is identified as a parent on the original birth record of
the child as to whom the parental rights are terminated, the court shall cause written
notice to be made to that person setting forth:

(1) the right of the person to file at any time with the state registrar of vital statistics
a consent to disclosure, as defined in section 144.212, subdivision 11;

(2) the right of the person to file at any time with the state registrar of vital statistics
an affidavit stating that the information on the original birth record shall not be disclosed
as provided in section 144.2252; and

(3) the effect of a failure to file either a consent to disclosure, as defined in section
144.212, subdivision 11, or an affidavit stating that the information on the original birth
record shall not be disclosed.

(b) A parent whose rights are terminated under this section shall retain the ability to
enter into a contact or communication agreement under section 260C.619 if an agreement
is determined by the court to be in the best interests of the child. The agreement shall be
filed with the court at or prior to the time the child is adopted. An order for termination of
parental rights shall not be conditioned on an agreement under section 260C.619.

Sec. 13. REPEALER.

Minnesota Statutes 2012, sections 144.212, subdivision 11; 259.83, subdivision 3;
and 259.89, subdivisions 1, 2, 3, 4, and 5, are repealed.

Sec. 14. EFFECTIVE DATE.

Sections 1 to 13 are effective January 1, 2014.